State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶57 In summary, while the termination from the community treatment program and the rule violation were presented as conduct… Read more
L. Harmless Error
State v. Ronell E. Harris, 2008 WI 15, affirming unpublished decision For Harris: Ralph J. Sczygelskis Issue/Holding: Various discovery and evidentiary violations amounted to harmless error, whether taken singly (¶¶41-59, ¶87-90) or cumulatively (¶¶109-113).Harmless error discussions are largely fact-specific, and this case is no exception. But it is noteworthy for its recognition that the “court… Read more
State v. William Troy Ford, 2007 WI 138, affirming unpublished decision For Ford: Ralph J. Sczygelski Issue/Holding ¶42 … (S)tructural error [is] a “defect affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself.” Arizona v. Fulminante, 499 U.S. 279, 310 (1991); State v. Shirley E., 2006… Read more
State v. Thomas S. Mayo, 2007 WI 78, affirming unpublished opinion For Mayo: Keith A. Findley, UW Law School Issue/Holding: ¶47 In determining whether a constitutional error is harmless, the inquiry is as follows: “‘Is it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'” State… Read more
State v. Thomas S. Mayo, 2007 WI 78, affirming unpublished opinion For Mayo: Keith A. Findley, UW Law School Issue/Holding: Erroneous comments on pre-Miranda silence were harmless, given both infrequency of occurrence and also absence of impact on the defendant’s decision to testify (which then properly exposed him to such comment), ¶¶49-52… Read more
State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Instructional error due to mandatory conclusive presumption wasn’t harmless: ¶28 As we have explained, the trial error consisted of an instruction that… Read more
State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55 For Shirley E.: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: ¶63 Depriving a parent of the statutory right to counsel in a termination of parental rights proceeding deprives the parent of a basic protection without which, according to our legislature, a termination of… Read more
State v. Quentrell E. Williams, 2006 WI App 212 For Williams: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶23, n.5: Williams also contends that the evidence was relevant to whether he intentionally caused harm to A.B.A. because intentional child abuse is a specific intent crime. However, Williams was acquitted of intentionally causing harm to a… Read more
